September 2, 2019 The Conception, a 75-foot dive boat, caught fire and sank during the night of September 2, 2019 while it was anchored near Santa Cruz Island in California’s famous Channel Islands. did. It was the last day of our 3 day diving trip.
Five crew members, including captain Jerry Boylan, managed to escape the burning ship, killing 33 passengers and one crew member sleeping below deck.
Judge George H. Wu dismissed the charges against Boylan after finding the charges failed to allege gross negligence, according to court documents.
“The U.S. Department of Justice plans to seek the Department’s permission to appeal this order,” spokesman Tom Murozek told CNN.
Opposing the dismissal of the defendants, the federal attorney’s office argued that the argument for dropping the manslaughter charge based on the lack of the adjective “gross” that defines Boylan’s alleged negligence was “defying logic.”
“If, as a result of negligence, the captain fails to perform one of his duties, and that failure results in loss of life, he shall be criminally liable,” the complaint states. If he commits a negligent act leading to him, he is also criminally liable under the law, so given that the law has a low standard of criminal liability, there is no law that raises it by requiring gross negligence. There is no rationale for this.”
CNN has reached out to Boylan’s attorney for comment.
Attorney Douglas Schwartz said in a 2019 statement on behalf of the boat’s owner, Truth Aquatics, that the crew checked the area where the fire was believed to have been concentrated just before it broke out. remained.